Privacy Risk Report

Tag

cyberliability

Illinois Court Struggles With Biometric Information Stored On The “Cloud”

Last week, we analyzed Rivera v. Google Inc., 16 C 02714 (N.D. Ill 2016), a decision by the District Court for the Northern District of Illinois which examined the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)…. Continue Reading →

Emerging Privacy Issues In Discovery Of Social Media

By Danita L. Davis Sudac Individuals’ willingness to share detailed accounts of their lives on social media sites, such as Facebook, has created an unparalleled source of evidence for lawyers seeking discovery.   There is little question that social media evidence… Continue Reading →

Class Action Suit Filed by Credit Union over Arby’s Data Breach

On February 10, 2017, Midwest America Federal Credit Union (Midwest America) filed a class action complaint in the U.S. District Court for the Northern District of Georgia against Arby’s Restaurant Group, Inc. Midwest America’s complaint alleges that defendants failed to… Continue Reading →

Use of Biometric Data Enters the Courts

The Privacy Risk Report has previously reported on the necessity to safeguard personal information such as names, addresses, social security numbers and credit card information to avoid risk resulting from data breaches. The latest trend we are seeing now involves… Continue Reading →

Recent Litigation Provides Example of Password Being Possibly Too Safe

It is evident that password security is one economical way to decrease the chances of a cyber incident, but recent litigation sheds light on a situation involving a password having too much protection. The American College of Education (ACE), which… Continue Reading →

Recent Case Sheds Light on What Courts May Find Makes Security Measures Reasonable

A number of states have recently imposed duties for data collectors to safely store information. For example, Illinois data collectors are now required to “implement and maintain reasonable security measures” to protect data (815 ILCS 530/45). Unfortunately, data collectors have not received guidance… Continue Reading →

A Safe Prediction for 2017: Cyber Security Laws Will Change on January 1, 2017

As 2016 draws to a close, predictions for 2017 regarding cyber security have already been made (some are discussed below). However, the Privacy Risk Report will take a safer route and predict, even guarantee, that there will definitely be changes… Continue Reading →

Recent Court Opinion Provides Insight Into Presidential Vote Recount Efforts

In the last few days, Hillary Clinton’s campaign has backed efforts to recount votes in key states. In addition to being a close election, many commentators have endorsed the recount efforts to address concerns over hackers tampering with the election… Continue Reading →

Data Breach Litigation Evolves, Allows the Breaching Entity and the Breaching Entity’s Data Security Vendors to be Named as Defendants

To date, the key question in data breach litigation has been whether plaintiffs can demonstrate that they suffered damages and, therefore, have standing to bring suit. In just the last two weeks courts have rendered decisions on whether data breach… Continue Reading →

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach

In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and denied plaintiff Camp’s Grocery (Camp’s) cross-motion to… Continue Reading →

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